My step-daughter is 18, she is still in school.When the cp sent the paperwork back to the cs office she put that the child doesn’t graduate until June. We called the school and she will actually have enough credits to graduate in Jan. Our question is since she can and will have enough credits to graduate in Jan but yet stays in school until June so she can graduate with the class, will cs stop in Jan?
Thanks!
Not if the child is still in school and making satisfactory progress.
So she can have enough credits come Jan to graduate but yet they can decide to sign her up for one elective course (that she does not need mind you) and she attend school for one hr a day until June and we still have to continue paying until June?? See the plan with the cp was that she would go on and graduate early since she has a child of her own already and is working. Guess the cp changed her mind and would rather get the extra 5 months of cs! Thanks Erin, just wanted to make sure I had a complete understanding.
You may file a motion to terminate support. The statute allows the court, in its discretion, to order payments cease upon the child’s 18th birthday. Based on the facts you list, you have a strong argument for termination at age 18.
Thanks for the info Erin! One last question… We just found out this morning that they actually changed her classes so that she has early release from school now which has pushed her being able to graduate out to June. So here is the breakdown…she’s 18, she has a child of her own, she is working (part time i’m assuming), she has refused to have anything to do with us since Oct of last year and now will not graduate until June it looks like. The cp stated they did these changes so she would still be considered “in school” and the state will keep paying for the daycare cost of her baby. So based on this info do we still have a fighting chance of filing a motion and getting it terminated? If so do we need to get a lawyer to file? Thanks so much!
I think you do still have a chance to have the court terminate support based on the circumstances. You do not have to hire a lawyer to file, a but I would advise that you do, this issue is a bit tougher than a “normal” motion to terminate.
Ok…so we went and spoke with a local lawyer here in Wake County. She and the guy at the cs agency say that we can try to file a motion to terminate but knowing judge Ruth like they say they do, they say they don’t think she will terminate the cs even with all the info i’ve stated on here (previous posts). So our question is should we take the chance still and if we do they tell us court dates are out to Feb. With that being said if we go on and file the motion and get a court date in Feb sometime and she actually does terminate the cs, will we get the cs money returned to us for the months that we’ve had to wait for a court date but yet have had to pay it? We just don’t see how a judge could see this as fair, I mean she is 18 (an adult) and has nothing to do with us, not even spoke to us in over a year, and yet because she’s an adult we can do NOTHING about it (but yet have to keep paying cs)!
Thanks
A judge would not order that you be reimbursed for support already paid.